HomeMy WebLinkAbout20241210 - 06.1 PLANNING COMMISSION STAFF REPORT 6.1
TO: Chair and Planning Commission December 10, 2024
SUBJECT: Resolution No. 2024-06, denying an appeal of the Town’s administrative
denial of Land Use Permit request LUP24-0024 to allow a personal service
hair salon business use at 495 Hartz Avenue, Suite C within Downtown
Business District 1; Old Town Retail, which limits ground floor land uses
to retail or restaurant (APN 208-023-015).
DESCRIPTION
This application is for a Land Use Permit to allow Maven & Co. Collective, a hair salon,
to be located within a 1,750 square foot commercial tenant space located at 495 Hartz
Avenue, Suite C. The subject space is located within Downtown Business District (DBD)
1; Old Town Retail, which limits ground floor land uses to retail or restaurants.
The tenant space is currently occupied by Good Common Sense Naturals, a retail store.
In a letter (Attachment F), the owner of this business states that, since opening in May
2023, “we have experienced significant challenges, including minimal foot traffic, which has
resulted in financial losses.” The letter also states that “Our landlord has graciously agreed to
release us from our lease obligations if we can find a business to take over the space.”
The Town sent an Appealable Action Letter on November 26, 2024, denying the
application (Attachment C). The Town received an appeal of this action from Jennifer
Hatcher, owner of Maven & Co. Collective, on December 5, 2024 (Attachment D).
A letter from the applicant cites a history of failed retail uses in this location as grounds
for approval of the Land Use Permit (Attachment D).
EVALUATION/ DISCUSSION
Conformance with Zoning
The stated purpose of DBD 1 is “to provide for an intensely developed central core area of
ground floor retail … Uses in this area encourage shoppers to visit a variety of stores …” In
addition, General Plan Policy 4.01 of the Danville 2030 General Plan is to ”encourage the
development of a strong retail core in the core Old Town area of the downtown with ground floor
uses dominated by the presence of retail and restaurant uses. Encourage business and professional
office uses, along with other non-retail uses, to occupy spaces other than ground floor space in the
old Town area.”
495 Hartz Ave. Ste. C 2 December 10, 2024
Land Use Permit
Under the DBD Ordinance, personal service uses may be permitted upon issuance of a
Land Use Permit if it is proposed to occupy more than 25% of a ground floor tenant space.
In addition, while 100% of ground floor tenant spaces are generally limited to retail
and/or restaurant, bar/nightclub lounge, tasting room, or blended uses, an exception can
be made to allow up to a maximum of 25% of the ground floor of a building or shopping
center to be a personal service use if a finding can be made that the subject space is
difficult to lease due to its location away from main pedestrian corridors (i.e., located
down an alleyway, in a courtyard area, etc.). The exception may only be granted through
the issuance of a Land Use Permit issued by the Chief of Planning or may be referred to
the Planning Commission on a case-by-case basis.
It is the Town’s position that, while the subject tenant space does not have as much
visibility or as high a volume of foot traffic as the core downtown area along Hartz
Avenue, it is still a prime retail or restaurant location. The space is directly visible from
Church Street. Without the ability to make a finding that the space is located down a low
visibility alleyway or within a courtyard area, it could set precedent for other non-retail
or restaurant uses on the ground floor in DBD 1.
PUBLIC CONTACT
Public notice of the December 10, 2024, hearing was mailed to property owners within
750 feet and posted online. A total of 138 notices were mailed to surrounding property
owners.
RECOMMENDATION
Adopt Resolution No. 2024-06, denying an appeal of the Town’s administrative denial of
Land Use Permit request LUP24-0024 to allow a personal service hair salon business use
at 495 Hartz Avenue, Suite C within Downtown Business District 1; Old Town Retail,
which limits ground floor land uses to retail or restaurant (APN 208-023-015).
Prepared by:
David Crompton
Chief of Planning
Attachments: A – Resolution No. 2024-06
B – Public Notification and Map & Notification List
495 Hartz Ave. Ste. C 3 December 10, 2024
C - Town’s Appealable Action Letter
D - Letter of Appeal
E – Applicant Letters (2)
F – Owners Letter
G – Existing Tenant Letter
H - Floor Plan
RESOLUTION NO. 2024-06
DENYING AN APPEAL OF THE TOWN’S ADMINISTRATIVE DENIAL OF LAND
USE PERMIT REQUEST LUP24-0024 TO ALLOW A PERSONAL SERVICE HAIR
SALON BUSINESS USE AT 495 HARTZ AVENUE, SUITE C WITHIN
DOWNTOWN BUSINESS DISTRICT 1; OLD TOWN RETAIL,
WHICH LIMITS GROUND FLOOR LAND
USES TO RETAIL OR RESTAURANT
(APN: 208-023-015)
WHEREAS, the applicant (Jennifer Hatcher) and owners (Darren & Sabrina Dinh)
applied for a Land Use Permit to allow Maven & Co. Collective, a hair salon, to be located
within a 1,750 square foot commercial tenant space located at 495 Hartz Avenue, Suite C.
The subject space is located within Downtown Business District 1; Old Town Retail,
which limits ground floor land uses to retail or restaurants; and
WHEREAS, the subject site is located at 495 Hartz Avenue Suite C and furth identified
as Assessor’s Parcel Number 208-023-015; and
WHEREAS, the Town of Danville sent an Appealable Action Letter administratively
denying this application on November 26, 2024; and
WHEREAS, the applicant submitted an appeal of this denial of December 5, 2024; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15301, Class 1, Existing
Facilities; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on December 10, 2024; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission denies Land Use Permit request LUP24-0024
and makes the following findings in support of this action:
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 2024-06
FINDINGS OF DENIAL:
1. The land use would adversely affect the orderly development of property within
the Town, in that the Town’s Downtown Business District (DBD) 1; Old Town Retail,
in which the subject site is located, limits ground floor land uses to retail or restaurant.
The Downtown Business District (DBD) Ordinance states that, the purpose of DBD 1 is
“ to provide for an intensely developed central core area of ground floor retail … Uses in
this area encourage shoppers to visit a variety of stores …”
2. The land use would adversely affect the preservation of property values and the
protection of the tax base within the Town, in that the intent of the DBD Ordinance
is to provide for a vibrant pedestrian oriented retail and restaurant environment. This
overall character in the downtown area attracts visitors and shoppers to the area
supporting property values and tax revenue for the Town.
3. The land use would adversely affect the policy and goals as set by the Danville
2030 General Plan, in that General Plan Policy 4.01 of the Danville 2030 General Plan
is to ”encourage the development of a strong retail core in the core Old Town area of the
downtown with ground floor uses dominated by the presence of retail and restaurant uses.
Encourage business and professional office uses, along with other non-retail uses, to occupy
spaces other than ground floor space sin the old Town area.”
4. The proposed land use permit would be inconsistent with the requirements of the
Town’s Downtown Business District Ordinance, in that in order to approve a Land
Use Permit allowing a non-retail or restaurant land use on the ground floor within
Downtown Business District 1; Old Town Retail, a finding must be made that the subject
space is difficult to lease due to its location away from main pedestrian corridors (i.e.,
located down an alleyway, in a courtyard area, etc.). The subject space fronts directly onto
and is directly visible from Church Street.
APPROVED by the Danville Planning Commission at a regular meeting on December
10, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
“Small Town Atmosphere
Outstanding Quality of Life”
5 0 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400
APPEALABLE ACTION LETTER
November 26, 2024
Planning Application: LUP24-0024 – Maven Collective
Project Description: Land Use Permit request to allow a personal service hair solon
business use at a location within Downtown Business District
1; Old Town Retail, which limits ground floor land uses to
retail or restaurant.
Project Location/APN: 495 Hartz Ave., Ste C / APN 208-023-015
Property Owner: Darren & Sabrina Dinh
495 Hartz Ave
Danville, CA 94526
Applicant: Jennifer Hatcher
616 Main Street
Pleasanton, CA 94566
Dear Applicant/Owner:
The Planning Division denied the above reference project. Findings are attached. This
action becomes final on December 7, 2024, unless appealed in accordance with Section
32-4.7 of the Zoning Ordinance. If you choose to appeal this decision, an appeal letter,
accompanied by the requisite appeal fee of $311.00, must be received prior to 1:00 p.m.
on December 6, 2024, at the Town Offices, 500 La Gonda Way, Danville, CA 94526.
If you have any questions regarding this matter, feel free to contact me at (925) 314-3349
or dcrompton@danville.ca.gov.
Sincerely,
David T. Crompton
Chief of Planning
ATTACHMENT C
LUP24-0024
November 26, 2024
Page 2
FINDINGS OF DENIAL:
2.The land use will adversely affect the orderly development of property within the
Town, in that the Town’s Downtown Business District (DBD) 1; Old Town Retail, in
which the subject site is located, limits ground floor land uses to retail or restaurant. The
Downtown Business District (DBD) Ordinance states that, the purpose of DBD 1 is “ to
provide for an intensely developed central core area of ground floor retail … Uses in this
area encourage shoppers to visit a variety of stores …”
3.The land use will adversely affect the preservation of property values and the
protection of the tax base within the Town, in that the intent of the DBD Ordinance
is to provide for a vibrant pedestrian oriented retail and restaurant environment. This
overall character in the downtown area attracts visitors and shoppers to the area
supporting property values and tax revenue for the Town.
4.The land use will adversely affect the policy and goals as set by the Danville 2030
General Plan, in that General Plan Policy 4.01 of the Danville 2030 General Plan is to
”encourage the development of a strong retail core in the core Old Town area of the
downtown with ground floor uses dominated by the presence of retail and restaurant uses.
Encourage business and professional office uses, along with other non-retail uses, to occupy
spaces other than ground floor space sin the old Town area.”
Danville Planning Department
Town of Danville
510 La Gonda Way
Danville, CA 94526
Re: Appeal of Denial for Land Use Permit – 495 Hartz Ave, Ste C, Danville
I am writing to formally appeal the denial of the land use permit for 495 Hartz Ave, Ste C, on
behalf of Maven & Co. Collective, a vibrant and community-focused hair salon,. I respectfully
request that the Planning Commission reconsider the findings outlined in the denial letter and
approve our application.
We acknowledge that the Downtown Business District (DBD) Ordinance aims to preserve a
pedestrian-oriented, retail-centric atmosphere, but we believe that our proposed business
aligns with the long-term goals of the town, enhances the character of the downtown area,
and will not detract from the vibrancy or economic health of the community.
Our response to the Findings of Denial for the Land Use Permit Application are as follows:
1.Adverse Impact on Orderly Development and Town Character:
We respectfully disagree with the assertion that a hair salon would disrupt the "orderly
development" of the Downtown Business District. A high-quality, locally-owned salon
offers an essential service that attracts residents and visitors, contributing to the
vibrancy of the Downtown core. We believe that businesses such as ours, focused on
quality and community, enhance the diversity of experiences available to shoppers,
improving the pedestrian experience without undermining the retail character of the
area. Additionally, this type of service-oriented business complements and supports the
needs of local residents and businesses.
2.Impact on Property Values and Tax Base:
A professional, well-managed hair salon will contribute positively to the property
values and the tax base of Danville by drawing both local customers and visitors.
Services like hair salons often create foot traffic, which benefits other retailers and
fosters a more dynamic, well-rounded commercial area. Rather than competing with
retail or restaurant businesses, a hair salon will act as an anchor for other
complementary services, thereby increasing the overall desirability of the Downtown
District.
3.Alignment with Danville 2030 General Plan:
While we understand that the Danville 2030 General Plan emphasizes retail and
ATTACHMENT D
restaurant uses for ground-floor spaces,it is important to recognize the evolving nature
of retail and ser vice industries.Many modern downtowns blend traditional retail uses
with high-end service businesses that provide value and convenience to local residents
and visitors.A hair salon would not undermine the goals of the General Plan,but rather
complement them by adding a service-oriented offering that fits seamlessly within the
Downtown environment.
We respectfully ask to reconsider the denial and grant approval for our land use permit
application.Our salon will ser ve as a valuable addition to the Downtown Business District,
supporting the local economy,enhancing the pedestrian experience,and contributing to the
vibrancy of Danville’s Old Town.We are committed to maintaining the highest standards of
operation and ensuring that our business aligns with the community’s values and goals.
Thank you for your time and thoughtful consideration of this appeal.We look forward to the
opportunity to discuss this matter further and are happy to provide any additional information
as needed.
Sincerely,
Jennifer Hatcher
Owner,Maven &Co.Collective
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ATTACHMENT F
ATTACHMENT G
ATTACHMENT H